Mr. Holloway advises and assists clients in matters involving the False Claims Act, including federal court and state court qui tam litigation. He has assisted health care providers in False Claims Act cases in trial courts and appellate courts throughout the United States. Furthermore, Mr. Holloway represents providers during the government investigation phase preceding the unsealing of qui tam suits, assisting clients in responding to government subpoenas and civil investigative demands. In several cases he has successfully secured the government's agreement not to intervene, and obtained the voluntary dismissal of qui tam lawsuits without any payments by the defendants. Mr. Holloway also represents providers in Medicare and Medicaid reimbursement litigation, involving both administrative proceedings and judicial review cases. His handling of Medicare and Medicaid reimbursement litigation provides invaluable experience when defending health care providers in False Claims Act cases involving the complexities of the Medicare and Medicaid programs. In addition, Mr. Holloway represents providers in federal and state government investigations regarding a wide variety of regulatory compliance issues. He also handles commercial litigation on behalf of health care providers, involving false advertising claims, unfair trade practices, trade secrets, wrongful discharge, contract claims and disputes with the National Resident Matching Program.

Over the past 30 years, Mr. Holloway has represented national health care trade associations, managed care organizations, assisted living facilities, nursing homes, pharmacies, physician groups, medical equipment suppliers, laboratories, hospitals and outpatient surgical centers.

Representative Matters

In AAA arbitration proceeding, successfully voided NRMP's erroneous punishment against resident for alleged violation of match policy
Obtained dismissal of a defendant in a qui tam lawsuit alleging false claims related to the Average Wholesale Price for drugs
Won dismissal of qui tam lawsuit on appeal to the Third Circuit seeking to recover Medicare payments to hospitals
Obtained appellate decision setting aside state agency's denial of Medicaid reimbursement for respiratory therapy services provided at nursing homes
Won dismissal of qui tam lawsuit on appeal to the Fifth Circuit involving sale of medical devices to Veterans Hospitals
Won dismissal of novel qui tam litigation filed by celebrity plaintiff under the Medicare Secondary Payer Statute
Assisted Pharmaceutical Care Management Association in connection with third-party discovery conducted in a class action against the pharmacy benefit management industry
Obtained summary judgment on behalf of the defendant in a False Claims Act suit alleging false claims for nursing home care
Represented the petitioner in the successful challenge of a state agency’s refusal to take required administrative action regarding assisted living facility's request for regulatory waiver
Assisted America’s Health Insurance Plans in connection with extensive third-party discovery conducted in a significant multi-district litigation against the managed care industry regarding payment for out-of-network services
Negotiated a voluntary dismissal of false advertising allegations under the Lanham Act on behalf of the defendant without payment to plaintiff
Negotiated the voluntary dismissal of a False Claims Act case against our clients that was filed by the United States in exchange for the defendant’s release of a malicious prosecution claim against the United States
Won a writ of mandate invalidating state agency's denial of Medicaid reimbursement based on rate methodology not included in State Plan
Provided representation in an FTC Section 5 administrative proceeding alleging deceptive advertising in connection with weight loss claims, including the negotiation of a consent order that established a standardized disclaimer for the weight loss industry.

Professional Honors & Activities

Professional Memberships

Member – American Health Lawyers Association

Community Service

Board of Directors – Baltimore Crisis Response, Inc.

Professional Background

Senior Counsel, Proskauer Rose, LLP
Associate, Casson & Harkins

Publications

"How a Health-Care Provider Should Handle Civil Investigative Demands," Bloomberg Law (July 2019)
"Recent Court Decision Shows Best Way to Handle Civil Investigative Demands," Health Law Alert (May 2019)
"Got Privilege? Best Practices to Protect Privileges During an Internal Investigation," Compliance Today (January 2019)
"DOJ Settlement Highlights False Claims Act Risk for Skilled Nursing Facilities," Health Law Alert (October 2018)
"Tips for Providers to Cope with the Challenge of Whistleblower Retaliation Claims" (July 2018)
"Providers Be Aware of Limitations on Government's Ability to Conduct Investigations Under False Claims Act," Health Law Alert (May 2018)
"Jury Sides with Defendant in Whistleblower's Suit Alleging Defendant "Caused" False Claims," Health Law Alert (2016: Issue 6 - Focus on White Collar) [Ober|Kaler]
"VIDEO: Government Investigations - How to Respond to a Search Warrant: 10 Practical Steps" (2016) [Ober|Kaler]
"Provider Fights Back Against Whistleblower's Taking of Provider's Documents," Health Law Alert (2015: Issue 13 - Focus on White Collar) [Ober|Kaler]
"The Pitfalls of Settling Qui Tam Lawsuits," Health Law Alert (2015: Issue 5 - Focus on White Collar) [Ober|Kaler]
"Provider Waives Attorney-Client Privilege in Qui Tam Case by Asserting Compliance with Law," Health Law Alert (2014: Issue 21) [Ober|Kaler]
"PODCAST: How to Implement a Document Preservation Notice While Under Government Investigation - Ten Practical Steps" (August, 2014) [Ober|Kaler]

Speaking Engagements

"Whistleblowers: Who Are They, Why Do They Blow The Whistle, and Managing The Risk," HCCA's 23rd Annual Compliance Institute, Boston, Massachusetts (April 2019)
"Effective Internal Investigations of Compliance Matters: Best Practices and Preservation of Privilege," HCCA's 22nd Annual Compliance Institute, Las Vegas, Nevada (April 2018)

Webinars